HomeMy WebLinkAbout20051622.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Marcum Midstream 1995-2 Case Number 31m AMUSR-996
Business Trust
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Folsom Field Check Form
Letter to Applicant X
Affadavit of sign posting X
Legal Notifications X
N 2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
Surrounding Property Owners X
N 3 Referral List X
Referrals without comment
Weld County Code Compliance, referral received 3-9-2005 X
Town of Kersey, referral received 4-6-2005 X
4 Referrals with comments
5 West Greeley Soil Conservation District, referral received 3-21-2005 X
6 Weld County Department of Public Works, referral received 3-25-2005 X
7 Farmers Reservoir and Irrigation Company, referral received 4-5-2005 X
8 Weld County Department of Building Inspection, referral received 4-8- X
2005
9 Weld County Department of Public Health and Environment, referral X
received 4-22-2005
Surrounding Property Owners-Letters
lb PC Exhibits
rarano to 'pL emu : Chao=its to I:a-rd'if Arn1
'EXHIBIT
2005-1622
Si I& 4
I hereby certify that the Nita(9) items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing.
Kim Ogle O Planner
LANDAPPLICATION
SUMMARY SHEET
COLORADO
Case Hearing Date: May 3, 2005
Number: 3rd AmUSR-996
Applicant: Marcum Midstream 1995-2 Business Trust
303 East 17'"Avenue, Suite 660, Denver, CO 80203
Applicant: Conquest Oil Company
1610 29'"Avenue Place, #200; Greeley, CO 80634
Situs Location: 25849 County Road 46, Kersey, CO 80644
Request: Site Specific Development Plan and Special Review Permit for an Oil and Gas Support
Facility (Brinewater Disposal and allied facilities) in the A(Agricultural)Zone District.
Legal
Description: Part SE4 Section 8, T4N, R64W of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to CR 46 and west of and adjacent to CR 53.
Size of Parcel: 12.279 +/-acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services'staff has received responses from the following agencies:
• Weld County Code Compliance, referral received 3-9-2005
• West Greeley Soil Conservation District, referral received 3-21-2005
Weld County Department of Public Works, referral received 3-25-2005
• Farmers Reservoir and Irrigation Company, referral received 4-5-2005
Town of Kersey, referral received 4-6-2005
Weld County Department of Building Inspection, referral received 4-8-2005
• Weld County Department of Public Health and Environment, referral received 4-22-2005
The Department of Planning Services' staff has not received responses from the following agencies:
• State of Colorado, Oil & Gas Conservation Commission
• Platte Valley Fire Protection District
• Gilmore Ditch Company
•
Weld County Sheriffs Office
14. EXLIBIT
3rd AMUSR-996,CONQUEST OIL COMPANY, page 1
ECIALMIT
tarilei SDMINIS REVIEW PE IEW ADMINISTRATIVE REVIEW
Wine.
COLORADO
Planner: Kim Ogle
Case Hearing Date: May 3, 2005
Number: 3rd AmUSR-996
Applicant: Marcum Midstream 1995-2 Business Trust; Conquest Oil Company
Address: 1610 29th Avenue Place, #200; Greeley, CO 80634
Situs Location: 25849 County Road 46, Kersey, CO 80644
Request: Site Specific Development Plan and Special Review Permit for an Oil and Gas Support
Facility (Brinewater Disposal) in the A(Agricultural)Zone District.
Legal
Description: Part SE4 Section 8, T4N, R64W of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to CR 46 and west of and adjacent to CR 53
Size of Parcel: 12.279 +/-acres Parcel Number: 1053 08 000033
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Department of Planning Services'staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-5-100.A(OG.Goal 5. )states
"Oil and gas support facilities decisions which do not rely on geology for locations shall be
subjected to review...."This proposal has been reviewed by the appropriate referral agencies
and it has been determined that the attached Conditions of Approval and Development
Standards ensure that there are adequate provisions for the protection of the health safety
and welfare of the inhabitants of the neighborhood and county.
The Request for a Site Specific Development Plan and a Special Review Permit for a Oil and
Gas Support Facility (Brinewater Disposal) in the A (Agricultural) Zone District is the third
amendment to an existing permitted facility. The original USR was approved Conquest Oil
Company, in 1992; and amended in 1993. The second amendment was to increase the
capacity, including the expansion of six storage tanks to the existing eighteen (18) storage
tank, tank farm and associated requirements (2003). This application is for the drilling of a
second disposal well, requesting that the 30-day moving average daily maximum volume
limitation be increased to 12,000 barrels and to add an 800 barrel fresh water tank.
3rd AMUSR-996,CONQUEST OIL COMPANY, page 2
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District.Section 23-3-40.A.2 of the Weld County Code provides for Oil and Gas Support
and Service as a Use by Special Review in the A (Agricultural)Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The property is surrounded by agricultural fields in crop production
and related uses. Big Sky Estates PUD is one mile north of the existing facility. There are
single family dwellings on acreage's in the immediate vicinity. A dairy and turkey farm are
to the southwest, south of County Road 46. Large tracts of pasture and hay are prevalent
in the general area.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The existing site does lie within the three mile referral area of the Town of
Kersey. The town in their referral dated April 6, 2005 states they had reviewed the request
and find no conflict with their interests.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The existing site is not within a recognized overlay district, including the Geologic Hazard,
Flood Hazard or Airport Overlay District. The existing site is within the County-wide Road
Impact Fee Area. Effective January 1, 2003, Building Permits issued on the proposed lots
will be required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11).
F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. This facility has operated
at the present location for a number of years, and will not remove prime agricultural lands
from production.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part,upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department
of Planning Services)
B. All sheets of the plat shall be labeled 3rd AmUSR-996 (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) All future proposed development/facilities as delineated in the application materials,
including the proposed six additional storage tanks, the proposed storage facility to
be adjacent to the existing structure and the proposed garage.
3) The twenty(20)foot maintenance road adjacent to the Gilmore Ditch, as stated in
the Farmers Reservoir and Irrigation Company referral dated April 5, 2005.
3rd AMUSR-996,CONQUEST OIL COMPANY, page 3
D. All required Air Emissions Permits must be obtained from the Air Pollution Control Division,
Colorado Department of Public Health and Environment. (Department of Public Health and
Environment)
E. A Ground Water Monitoring Plan shall be submitted to the Weld County Health Department
of Public Health and Environment for review and approval. (Department of Public Health and
Environment)
F. If appropriate, a Storm Water Discharge Plan shall be submitted to the Weld County
Department of Public Health and Environment and Colorado Department of Public Health
and Environment for review and approval. (Department of Public Health and Environment)
G. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1.above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval.The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within thirty (30)days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. Prior to the Release of Building Permits:
A. A concrete secondary containment structure (floor and walls) surrounding each tank or
battery of tanks shall be constructed. The volume retained by the structure shall be 150%
greater than the volume of the largest tank inside the structure. A registered professional
engineer shall design the structure. The structure shall prevent any release from the tank
system from reaching land or waters outside of the containment area. The operator shall
provide evidence from the engineer to the Weld County Department of Public Health and
Environment and Planning Services that the structure has been constructed to meet this
criterion. (Department of Public Health and Environment)
B. A detailed design and operations plan shall be submitted to the Weld County Department of
Public Health & Environment for review and approval for the bio-bed. The bio-bed shall be
constructed and operated in accordance with the approved design. Evidence shall be
submitted to the Weld County Department of Public Health and Environment and the
Colorado Oil & Gas Commission that demonstrates the bio-bed was constructed in
accordance with the approved design. (Department of Public Health and Environment)
C. A detailed design of the "concrete unloading pad" shall be submitted to the Weld County
Department of Public Health&Environment shall be submitted for review and approval. The
design shall demonstrate how all spilled waste, stormwater, and wash down water will be
contained within the receiving area and concrete sump. The"concrete unloading pad"shall
be constructed and operated in accordance with the approved design. (Department of Public
Health and Environment)
D. The applicant shall submit evidence to the Weld County Departments of Public Health and
Environment and Planning Services and the Colorado Oil and Gas Conservation Commission
that the facility was constructed in accordance with the application materials. (Department
of Public Health and Environment)
E. A copy of the drilling log shall be submitted to the Weld County Department of Public Health
and Environment. (Department of Public Health and Environment)
F. A permitted individual sewage disposal system shall be installed to serve the facility. In
3rd AMUSR-996,CONQUEST OIL COMPANY, page 4
accordance with the Weld County ISDS Regulations, the system must be designed by a
registered professional engineer. The design must be submitted to the Weld County
Department of Public Health and Environment for review and approval prior to installation.
(Department of Public Health and Environment)
G. Solids and sediment will accumulate in the storage tanks. The facility shall submit a detailed
plan that describes the method those solids will be removed, including all on-site handling
procedures. The plan shall provide a commitment to notify the Department of Public Health
and Environment, in writing, in the event the plan is amended. The plan shall be reviewed
and approved by the Department of Public Health and Environment. (Department of Public
Health and Environment)
H. A detailed closure plan shall be submitted to the Department of Public Health and
Environment and the Colorado Oil and Gas Conservation Commission. The closure plan
shall include a description of the manner in which the well will be plugged and abandoned,
as well as specific details regarding reclamation of the property. No structures or equipment
associated with the facility shall remain on the property following closure. (Department of
Public Health and Environment)
I. The facility shall post financial assurance with the Colorado Oil and Gas Conservation
Commission (COGCC). The financial assurance shall be adequate to cover a third-party
closure of the facility,including the plugging and abandonment of the well,in accordance with
industry standards, and the removal of all structure (including concrete)on the facility. The
site shall be returned to its original grade. In the event the COGCC does not have the
authority to require financial assurance for the entire cost required for third-party closure,the
facility shall post the remainder of the financial assurance with Weld County. The facility shall
submit evidence to the Weld County Departments of Public Health and Environment and
Planning Services that the appropriate financial assurance has been obtained. (Department
of Public Health and Environment)
J. The tanks will require engineered foundations based on a site-specific geotechnical report
or an open hole inspection performed by a Colorado registered engineer. The garage may
require an engineered foundation. Check with a plans examiner. Engineered foundations
shall be designed by a Colorado registered engineer. (Department of Building Inspection)
K. A building permit shall be obtained prior to the installation of new tanks or the construction
of new buildings. A plan review is required. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. Two complete sets of plans are required when applying for
each permit. (Department of Building Inspection)
4. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Recorded Exemption/Subdivision Exemption/Use by Special Review/. Acceptable CAD formats are
.dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is.e00. The preferred format for Images is.tif(Group
4). (Group 6 is not acceptable). This digital file may be sent to mapsaco.weld.co.us. (Department
of Planning Services)
3rd AMUSR-996,CONQUEST OIL COMPANY, page 5
r
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
3rd AMUSR-996,CONQUEST OIL COMPANY, page 6
CONQUEST OIL COMPANY
3rd AMUSR-996
1. The Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility
(Brinewater Disposal)in the A(Agricultural)Zone District,as indicated in the application materials on
file and subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
4. A manager, knowledgeable in operating an injection well,shall be on site when the facility is receiving
waste. (Department of Public Health and Environment)
5. A safe and adequate sewage disposal system shall be available on the facility premises. (Department
of Public Health and Environment)
6. A safe and adequate fresh water supply shall be available on the facility premises. (Department of
Public Health and Environment)
7. No disposal of waste other than Class II, as defined by the Environmental Protection Agency, is
permitted. Any changes from the approved Class II use would require an amendment to this Special
Review permit. (Department of Public Health and Environment)
8. Any wastes generated on the facility shall be disposed in accordance with the Colorado solid Waste
Act,Section 30-20-100.5, C.R.S.,or other appropriate rule,regulation,or law. (Department of Public
Health and Environment)
9. The maximum permissible noise level shall not exceed the industrial limit of 70 dB(A), as measured
according to Section 25-12-102, CRS. (Department of Public Health and Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
11. All chemicals stored on-site must be in locked buildings, on an impervious surface, provided
manufacturer recommendations for safe storage and handling are in accord. In any event,
manufacturer recommendations will take precedence. (Department of Public Health and
Environment)
12. The facility shall comply with any required air emissions permit from the Air Pollution Control Division,
Colorado Department of Public Health and Environment. (Department of Public Health and
Environment)
13. All liquid wastes received at the facility shall be unloaded on the unloading pad. The concrete
unloading pad shall be cleaned at a frequency that prevents oils and other wastes from building up
on the pad. At a minimum,the pad shall be washed daily,with a jet hose to remove any waste build-
up. During winter months, the facility shall maintain the unloading pad free of ice. (Department of
Public Health and Environment)
14. Any analysis of waste shall be forwarded to the Weld County Health Department, Environmental
Health Services Division. The Division reserves the right to require additional, more extensive
monitoring at a later date. (Department of Public Health and Environment)
15. The facility must comply with the laws, standards, rules and regulations of the Air Quality Control
Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste
Division, the Colorado Oil and Gas Conservation Commission, any other applicable agency, and all
3rd AMUSR-996,CONQUEST OIL COMPANY, page 7
applicable Weld County zoning laws and ordinances. (Department of Public Health and Environment)
16. The"flat tank"and "concrete sump"shall be appropriately covered and protected to prevent people
and wildlife from entering (Department of Public Health and Environment)
17. Any liquid or solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
18. Any petroleum-contaminated soils on the facility shall be removed,treated or disposed in accordance
with all applicable rules and regulations. (Department of Public Health and Environment)
19. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Public
Health and Environment)
20. The facility shall comply with the approved groundwater monitoring plan.(Department of Public Health
and Environment)
21. All storm water, which has come into contact with waste materials on the site, shall be confined on
the site. In the event that storm water is not adequately controlled on the site,upon written notification
from the Weld County Department of Public Health and Environment or the Colorado Department of
Public Health and Environment,a comprehensive site-wide storm water plan shall be developed and
implemented. The plan must be approved, in writing prior to implementation by the Weld County
Department of Public Health and Environment and the Colorado Department of Public Health and
Environment. (Department of Public Health and Environment)
22. Access to the brine water disposal site is from County Road 46. The designated haul route is on
County Road 53 approximately 1000 feet west on County Road 46. All vehicles hauling to the brine
water facility will be restricted from traveling east on County Road 46. All traffic to the facility will enter
west on County Road 46 from County Road 53 with the exit route being east on County Road 46 to
County Road 53. Transport trucks weighing up to 40 ton will visit the site approximately 80-100 times
a day and less on weekends. (Department of Public Works)
23. Maintenance will consist of regular grading and magnesium chloride applicant and/or additional road
base to keep the surface smooth and to control dust as directed by the Weld County Public Works
Department. (Department of Public Works)
24. The off-street parking spaces including the access drive shall be surfaced with gravel or the
equivalent and shall be graded to prevent drainage problems. There is an existing concrete loading
pad. Utilize the existing access and departure points. (Department of Public Works)
25. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
26. The applicant shall adhere to the existing Road Maintenance Improvements Agreement at the
Conquest site and utilize the designated haul route at this facility. Coordinate with the Weld County
Public Works Department on grading prior to placing the magnesium chloride or calcium chloride to
the designated haul route. (In March 1993, the County and Conquest Oil Company entered into a
Road Improvements and Maintenance Agreement. The improvements consisted of an additional
three inches of road base material and the application of magnesium or calcium chloride to the
designated haul route. Conquest Oil furnished the base material, magnesium or calcium chloride,
equipment, and labor to complete this agreement. Maintenance will consist of regular grading and
magnesium chloride applicant and/or additional road base to keep the surface smooth and to control
dust as directed by the Weld County Public Works Department.) (Department of Public Works)
27. A separate building permit shall be obtained prior to the construction of any structure including the
3rd AMUSR-996,CONQUEST OIL COMPANY, page 8
concrete berm and the fresh water tank. (Department of Building Inspection)
28. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. Current adopted codes include the 2003 International Residential Code; 2003
International Building Code;2003 International Mechanical Code;2003 International Plumbing Code;
2003 International Fuel Gas Code;2002 National Electrical Code and Chapter 29 of the Weld County
Code. (Department of Building Inspection)
29. The concrete berm will require an engineered foundation based on a site-specific geotechnical report
or an open hole inspection performed by a Colorado registered engineer. Engineered foundations
shall be designed by a Colorado registered engineer. (Department of Building Inspection)
30. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be
determined by the Weld County Code. (Department of Building Inspection)
31. Building height shall be measured in accordance with the 2003 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. When measuring
buildings to determine offset and setback requirements, buildings are measured to the farthest
projection from the building. Property lines shall be clearly identified and all property pins shall be
staked prior to the first site inspection. (Department of Building Inspection)
32. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County wide Road Impact Fee Program. (Department of Planning Services)
33. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Planning Services)
34. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
35. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
36. Personnel from Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
37. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services. (Department of Planning Services)
38. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning
Services)
3rd AMUSR-996,CONQUEST OIL COMPANY, page 9
dd, DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE........ (ei ce O1 H "Street
GREELEY, CO 80631
PHONE: (970)353-6100, Ext. 3540
W I
FAX (970)
SOUTHWEST OFFICE
4209 CR 24.5
COLORADO LONGMONT, CO 80504
PHONE: (720)652-4210, Ext. 8730
FAX: (720)652-4211
March 8, 2005
Marcus Midstream
Conquest Oil Company
Jim Goddard
1610 29th Ave Pl. #200
Greeley CO 80634
Subject: 3AmUSR-996- Request for A Site Specific Development Plan and Special Review for an Oil and
Gas Support Facility(Brinewater Disposal) in the A(Agricultural)Zone District on a parcel of land
described as SE4 of Section 8m T4N, R64W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for May 3, 2005, at 1:30 p.m. This meeting will take
place in the Hearing Room, Weld County Planning Department, 918 10'" Street, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all
mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County
Planning Department with written certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore,our office has forwarded a copy of the submitted materials to the Kersey Planning Commission for
their review and comments. Please call Kersey at 97O-353-1681 for further details regarding the date, time,
and place of this meeting. It is recommended that you and/or a representative be in attendance at the Kersey
Planning Commission meeting to answer any questions the Commission members may have with respect to
your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained
road right-of-way, one sign will be posted in the most prominent place on the property and a second sign
posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
!Res ectfully,
Kim Og,
Planner
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS APRIL 22, 2005 THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD
RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A
SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD
RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE
SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A
SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE)
INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE
BOARD OF COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT
PLAN AND SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT FACILITY
(BRINEWATER DISPOSAL AND ALLIED FACILITIES) IN THE A (AGRICULTURAL)
ZONE DISTRICT
KIM OGLE
Name of Person Posting Sign
/liw \SVVVignatube of Person Posting Sign
STATE OF COLORADO
ss.
COUNTY OF WELD ) ff
The foregoing instrument was subscribed and sworn to me this day of I'4C\I , 2005.
WITNESS my hand and official seal. II
1.1.12,10 C.2
Notary P
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FIELD CHECK inspection date: April 21, 2005
CASE NUMBER: 3rd AmUSR-966
APPLICANT: Marcus Midstream 1995-2 Business Trust (Conquest Oil Company)
LEGAL DESCRIPTION: SE4 of Section 8m T4N, R64W of the 6th P.M., Weld County,
Colorado.
LOCATION: North of and adjacent to CR 46 and west of and adjacent to CR 53.
Zonina Land Use
N A (Agricultural) N Agricultural / Residential
E A (Agricultural) E Agricultural / Residential -
S A (Agricultural) S Agricultural / Residential
W A (Agricultural) W Agricultural / Residential -
COMMENTS:
Existing Facility is sited in rural farm ground. Existing and historic uses in near vicinity include
several Turkey Farms, an operating dairy and open lands. Residential structures are in near
vicinity.
Access to facility is off of CR 53 a two lane paved road onto CR 46 a two lane all weather road.
Good visibility east and west. Facility has a circle drive for continuous movement of trucks
utilizing facility.
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